LALIT MOHAN DALMIA Vs. LALIT KR DALMIA

JUDGEMENT

(1.) BOTH the writ petitions have been filed for quashing the ORDER :dated 8.8.1996. passed by the Collector. West Champaran in Case No.R.M.41 of 199293. whereby. the house rent of the holding in question has been fixed at Rs.650/per month with effect from November. 1990 and Rs.1025/ - from the date of the ORDER :. With consent of the parties, these cases have been heard together and are being disposed of by this common ORDER :.

(2.) ADMITTEDLY petitioners Ishwar Prasad Jhunjhunwala and anr. (C.W.J.C.No. 4907/97) are the landlords of the holding in question whereas Lalit Mohan Dalmia and another (petitioners in C.W.J.C.No. 7543/97) are the tenants. Initially in the year. 1958 the first floor of the building was let out at the rate of Rs.55/ -, which was later raised to Rs.110/ - besides the other charges. Since until the year, 1990 there was no revision of the rent. the landlords tiled an application under Section 5 of the Bihar Buildings (Lease. Rent & Eviction) Control Act hearing H.C.Case No.33 of 1990 -91 for fixation of fair rent. The House Controller by his ORDER :dated 7.11.1990 fixed the fair rent at Rs. 220/ -. Petitioners/.landlords being aggrieved by such a fixation. filed appeal etc. and ultimately the matter was brought to this Court in C.W.J.C. No. 3905. of 1992. On 13.5.1992 this Court after hearing both the parties. disposed of the writ application to enable them to agitate the disputed facts before the Collector. Thereafter, as per the ORDER :of this Court the landlords preferred appeal before the Collector. which has been presently disposed of by the impugned ORDER :.

(3.) IT would appear From the ORDER :at the Collector that a report was called for from the Additional Collector after holding spot enquiry about the actual area of the building with a suggestion for the proposed rent. The Additional Collector thereafter held spot verification of the building, perused the previous enquiry report of the Block Development Officer and recommended that the rent of the house should be fixed at RS.1800/ -. It would be relevant to mention that the Block Development Officer in his report had suggested Rs. 2500/ - per month. The learned Collector ultimately heard both the parties and also perused the report of the Block Development Officer as well as the Additional Collector. He also noticed that since last several years rent of the building was not revised. But he neither agreed to the suggestion of the Additional Collector nor the Block Development Officer.